Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TO DLSPUrE

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GIr9450)

(1) Carrier acted in an arbitrary and unjust manner, thus violating Rule 37 of the current agreement, when it held Mr. R. J. Berg from service on December 3, 1979 and dismissed him from service December 20, 1979 as the result of an investigation held on December 13, 1979.

 (2) Carrier shall now be required to reinstate Mr. Berg services and compensate him for all time lost beginning December 3, 1979 and continuing until corrected.

 OPINION OF BOARD: The general issue here is whether, under the facts of record,
 Carrier had just and proper cause for dismissing Claimant from its service for violation of Rule "G" or whether same lesser penalty would ' have been sufficient for the offense committed.

 On December 3, 1979 Claimant reported for service as an Agent-Operator at Decatur, Texas at 7:00 A.M. under the influence of alcohol. When it was determined that he was having difficulty with fully or immediately comprehending a track motor car line-up which was being transmitted to him by the Train Dispatcber, the matter was reported to the Chief Dispatcher, who, in turn, reported the matter to the Superintendent, Security. The latter, in the company of a Special Agent, drove from Ft. Worth to Decatur, arriving at Decatur at 8:30 A.M., and observed claimant's general demeanor, appearance or physical condition to be that which is consistent with descriptions used ordinarily to describe a person who is under the influence of intoxicants. While Claimant at first denied having been drinking, he subsequently admitted drinking bourbon until about 3:00 A.M. that morning, and reportedly stated that he was "in bad shape" when he came to work.

 The Board finds no reason to burden the record with a discussion of the arguments and positions of the parties. There is no doubt from the record that Claimant was guilty as charged.

 As to the severity of the discipline imposed, i.e., dismissal for an employe with 27 years of service, the Carrier submits Claimant was previously dismissed on November 14, 1974 for violation of Rule "G" involving circumstances similar to those in this dispute. Further, that following rehabilitation treatment for alcoholism and social counseling, he was reinstated on a leniency basis on June 11, 1975. Given this fact, and in recognition that leniency is a prerogative of the Carrier, we find no persuasive basis for setting aside Carrier's
                      Docket Number CIr24o46


conclusion as to imposition of the extreme penalty of permanent dismissal for this latest infraction of Rule "G".

 FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
        all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                        A W A R D


        Claim denied.


                            NATICCIAL RAIIROAD ADTUSTPENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
        National Railroad Adjustment Board


y 02.A7 'A
        Rosemarie Brasch = Administrative Assistant


Dated at Chicago, Illinois, this 23rd day of March 1983.

                                ~,R CeivE©


                                    1A:aY 2 31983


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